What is software copyright? Why do I need to register software copyright?

Copyright, also known as copyright, refers to the exclusive rights enjoyed by authors in the literary, artistic, and scientific and technological works they create. Copyright is a civil right enjoyed by citizens and legal persons in accordance with the law, and it is an intangible property right.

Copyright refers to a series of exclusive rights enjoyed by the author of a literary, artistic, or scientific work over his work in accordance with the law. It behaves as:

First, the author who enjoys copyright can decide whether to use his work in the sense of copyright;

second, he can decide whether or not to carry out certain acts involving his personality interests in relation to his work;

Thirdly, he may, if necessary, request the relevant State authorities to provide compulsory assistance for the protection or realization of his rights.

Copyright is a special civil right. Together with industrial property, it constitutes the main content of intellectual property. In a broader sense, it also includes the copyright-related rights conferred by law on performers, audiovisual producers, radio, television or publishers in relation to their performances, audiovisual productions, radio and television programmes or layout designs.

According to China's copyright system, copyright is a mixed right that includes a number of special personal rights and property rights, and the exercise of property rights in copyright often involves personal rights. For example, when an author submits his work to a publishing house for publication for the first time, he is exercising not only the right of publication, but often the right of publication.

Copyright is also a right to continuously develop content. In countries around the world, the content contained in copyright is not fixed forever, but is constantly developing and supplementing with the continuous development of social civilization and the continuous generation of new technologies for the use of works. In short, the author's enjoyment of copyright does not affect the dissemination of the work.

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Software copyright is an important means of obtaining software protection.

Legal analysis: Reasons for applying for software copyright and registration: 1. Through the regular announcement of the registration agency, you can promote your products to the society.

2. Legally operate or sell the software product within the territory of our country, and may publish and distribute it. 3. The applicant can enjoy the relevant incentive policies stipulated in the "Industrial Celery Rotten Policy".

Legal basis: Article 5 of the Regulations on the Protection of Computer Software Chinese citizens, legal persons or other organizations enjoy the copyright of the software developed by them, regardless of whether they are published or not. Where the software of a foreigner or stateless person is first distributed within the territory of China, he or she shall enjoy copyright in accordance with these Regulations.

Software of foreigners and stateless persons shall be protected by these Regulations in accordance with the agreement signed between the country to which the developer belongs or the country where he habitually resides and China, or in accordance with the international treaties to which China is a party.

No. According to the relevant regulations, the software copyright owner can register with the software registration agency recognized by the copyright administrative department, but it is not necessary; Chinese citizens, legal persons or other organizations enjoy the copyright of the software they develop, regardless of whether they are published or not.

Whether or not a software copyright is registered is entirely voluntary. According to Article 7 of the Regulations on the Protection of Computer Software, "the software copyright owner may apply for registration with the software registration agency recognized by the copyright administrative department.

The registration certificate issued by the software registration authority is a preliminary proof of the registered items. This article stipulates "may", which shows that the registration of software copyright is not mandatory. Registration is entirely up to the discretion of the parties.

The registration of software copyright has nothing to do with the acquisition of copyright.

We have an automatic acquisition system. In the automatic acquisition system, the time limit for the completion of the work is used as the time limit for the acquisition of copyright, and the copyright is obtained when the work is completed, and there is no need to go through any formalities. Completion does not require to be fully completed, and if it is partially completed, the completed part enjoys copyright.

Article 5 of the Regulations on the Protection of Computer Software stipulates that the enjoyment of copyright in accordance with this article is the embodiment of the automatic acquisition system, regardless of whether it is published or not.

Legal basis

Regulations on the Protection of Computer Software

Article 5 Chinese citizens, legal persons or other organizations enjoy the copyright of the software developed by them, regardless of whether they are published or not, in accordance with these Regulations. Where a foreigner's or stateless person's software is first distributed within the territory of China, they enjoy copyright in accordance with these Regulations. The copyrights enjoyed by foreigners and stateless persons in accordance with the agreements signed between the country to which the developer belongs or the country of habitual residence and China, or in accordance with the international treaties to which China is a party, are protected by these Regulations.

Article 7 The software copyright owner may register with the software registration agency recognized by the copyright administrative department. The registration certificate issued by the software registration authority is a preliminary proof of the registered items. Fees shall be paid for software registration.

The fee standard for software registration shall be prescribed by the copyright administrative department in conjunction with the competent department of *****.

Software copyright is automatically generated from the date of completion of software development, and registration is not a necessary condition for the generation of rights. The application for software copyright registration refers to the application submitted by the copyright owner to the China Copyright Protection Center, which will review and issue a software copyright registration certificate. When we checked the relevant regulations and compared the old and new regulations, we could see two completely opposite opinions.

1) Registration is the prerequisite for software copyright to obtain administrative and legal protection.

According to Article 24 of the Regulations on the Protection of Computer Software promulgated in 1991, the registration of software copyright with the software registration authority is the premise for the administrative handling or litigation of software rights disputes in accordance with these Regulations.

2) Whether the software copyright is registered or not depends entirely on voluntariness.

According to Article 7 of the Regulations on the Protection of Computer Software promulgated in 2002, the software copyright owner can apply to the software registration agency recognized by the copyright administrative department for Dengxiang Lost Limb.

3) The registration of software copyright has nothing to do with the acquisition of copyright.

Everyone is most concerned about the issue of software copyright, can the software obtain copyright if it is not registered? This question is clearly answered in the Regulations on the Protection of Computer Software, Article 5 of which stipulates that Chinese citizens, legal persons or other organizations shall enjoy the copyright of the software developed by them, regardless of whether they are published or not.

1. How to get software copyright.

1) Fill in the software basic information collection form;

2) Provide part of the source program (electronic version): You provide part of the source program of the word electronic version of the software (the first 2000 lines and.

The last 2000 lines, a total of 4000 lines have been changed, and the last page is the software exit part**);

3) Provide manual (electronic version): According to the different types of software, you need to provide the word version of the software operation manual or software design manual;

4) Submit for review;

6) Announcement of the issuance of certificates;

Second, the role of software copyright registration certificate.

For software developers, although it is not a mandatory policy of the state to handle software copyright registration, it is beneficial and harmless to handle software registration.

1) The Software Copyright Registration Certificate is the most powerful evidence to prove the software rights in the event of a dispute over software copyright. This is a good proof not only in litigation or in the event of a general dispute. However, without registration, it is difficult for the rights of copyright owners to obtain full protection.

2) The "Software Copyright Registration Certificate" is an important capital and wealth for software copyright owners to invest and trade in the world. The software copyright registration certificate is the last proof of knowledge.

3) "Software Copyright Registration Certificate" is sometimes a very important weight for enterprises when applying for the recognition of high-tech enterprises, and with the software copyright registration certificate, it can prove to a certain extent that the enterprise has core independent intellectual property rights, which is also a very important part of the high-tech identification.

01 Different purposes.

The purpose of the registration --- software products is to place them on the market and to ensure that they have a legal identity.

02 Differences in the departments responsible for management and registration.

The computer software copyright registration department is the China Copyright Protection Center;

Software product registration: Chunling's domestic software product registration is accepted and recognized by the provincial and municipal software industry associations. The registration application for imported software products (including imported software localization products) shall be accepted by the China Software Industry Association, and finally after review and approval by the Ministry of Information Industry, the software product registration number and software product registration certificate shall be issued.

and shall be reviewed and filed by the Ministry of Information Industry.

03 Differences in the duration of protection.

Software copyright is generated from the date of completion of software development. The term of protection of the software copyright of a natural person is the life of the natural person and 50 years after his death, ending on December 31 of the 50th year after the death of the natural person; The software was developed collaboratively as of December 31 of the 50th year after the death of the last deceased natural person. The term of protection of the software copyright of a legal person or other organization is 50 years, ending on December 31 of the 50th year after the software is first published, but if the software is not published within 50 years from the date of completion of development, these Regulations shall no longer protect it.

The term of protection for software product registration is 5 years. The procedure for the registration of software products is that the product can be registered only with a copyright certificate and a relevant business license, plus a test certificate.

1. Provide conditions for high-tech enterprise declaration, double-soft certification, and game launch. According to the "Conditions and Measures for the Identification of High-tech Enterprises Outside the National High-tech Industrial Development Zone", one of the necessary conditions for the declaration of high-tech enterprises is more than 6 enterprise software copyrights. At the same time, the requirements of the software certification product must also be registered as a computer software copyright, and the enterprise can enjoy various preferential policies such as national tax reduction and exemption, policy and fund support after the declaration of high-tech enterprises and double-soft certification!

2. Clarify the ownership of the work, and when the software copyright is infringed, the judicial authority may directly use the computer software registration certificate as evidence of ownership without going through review; In addition, it is also the law enforcement basis for the national copyright management authority to punish the infringement of software copyright. 3. Enhance the brand value of the enterprise. Increase the intangible assets of the enterprise, which can be used for capital increase, financing, mortgage, technology shareholding, etc.

Legal basis: Article 3 of the "Provisions on Several Issues Concerning the Contribution of High-tech Achievements into Shares" The total amount of capital contribution and shareholding with high-tech achievements may exceed 20% of the registered capital of the company, but shall not exceed 35%.

Shantian Accumulation Intellectual Property Rights:

Copyrights, trademarks, patents.

Publicly traded companies. 15 years of experience in the intellectual property industry.

According to the Regulations on the Protection of Computer Software, the copyright of computer software is automatically generated from the date of completion of software development and does not need to be registered. At present, there is a voluntary registration system for computer software. According to the Measures for the Registration of Computer Software Copyright issued by the National Copyright Administration, software copyright owners can apply for registration with the software registration authority.

After the application for registration is approved, the software registration management authority will issue the registration certificate.